Florida property deeds
Deed rules are state law, and Florida's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Clerk of the Circuit Court
- Witnesses
- 2 + notary
- Transfer tax
- $0.70 per $100 of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$10 first page
- E-recording
- Generally available
Deeds Florida recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | Yes |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Florida does not recognize transfer-on-death deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Florida
Florida is one of only 4 states that still require witnesses. Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The notary may serve as one of the two witnesses, but a second, separate witness is still required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | 2 in addition to the notary |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must join in a conveyance or mortgage of homestead property, even if only one spouse is on the title (Fla. Const. art. X, § 4(c)). |
Florida document formatting rules
Circuit court clerks in Florida expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
- Florida requires a 3-inch by 3-inch blank space at the top right corner of the first page and a 1-inch by 3-inch space at the top right of each additional page (Fla. Stat. § 695.26).
Florida transfer tax and recording fees
Florida charges Documentary stamp tax at $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property). Customarily paid by the grantor. Florida taxes the mortgage balance too: if the grantee takes property subject to a mortgage, documentary stamp tax is due on the outstanding balance even when no cash changes hands.
Common exemptions: a gift of unencumbered property with no consideration (minimum $0.70 tax still applies) and transfers between spouses of a marital home within one year of dissolution of marriage.
Recording fees run about $10 for the first page plus roughly $8.50 per additional page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in Florida
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
A conveyance to a married couple is presumed to create a tenancy by the entirety in Florida.
Where to record a deed in Florida
Deeds are recorded with the Clerk of the Circuit Court in the county where the property is located. Florida has 67 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Miami-Dade · Broward · Palm Beach · Hillsborough · Orange · Duval · Pinellas · Lee · Polk · Brevard · Pasco · Volusia · Seminole · Sarasota. all Florida recording offices
Why deeds get rejected in Florida
- Florida requires TWO witnesses to the grantor's signature in addition to the notary. This is the single most common reason a Florida DIY deed gets rejected. The notary can be one of the two witnesses, but you still need a second person.
- Florida homestead law requires BOTH spouses to sign a conveyance of a homestead property, even when only one spouse's name is on the deed.
- Documentary stamp tax applies to any mortgage balance the grantee takes subject to. A $0 sale price does not mean $0 tax if there is a loan on the property.
- Leave a 3-inch by 3-inch blank block at the top right of page one. Florida clerks stamp there and will reject deeds that fill it.
- Florida does not have transfer-on-death deeds. The lady bird deed is Florida's probate-avoidance instrument, and it works extremely well here.
From $39. Every Florida rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized in front of 2 witnesses, and record it with the Clerk of the Circuit Court in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a lady bird deed for probate avoidance.
No. Florida does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $10 for the first page plus roughly $8.50 per additional page. Florida also charges documentary stamp tax at $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property).
No. Florida is not among the 32 states plus DC that authorise a transfer-on-death deed. Florida does recognize the lady bird deed, which achieves something similar.
Keep reading
- Florida quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Florida general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Florida special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Florida lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- Florida recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.